Case Note & Summary
The case involved a restoration application filed by Shanivi Constructions Pvt. Ltd. seeking to recall an order dated 28.01.2026, which dismissed their company appeal for want of prosecution. The respondent, Kaashvi Parasher, opposed the application, arguing that the appellant failed to provide logical grounds for recalling the dismissal and highlighted the appellant's lack of diligence in participating in the proceedings. The court considered the reasons provided in the restoration application and determined that the past conduct of the appellant should not be a factor in deciding the application. Ultimately, the court allowed the restoration application, recalling the dismissal order and restoring the company appeal to its original number. The court directed that the company appeal be listed for consideration on its merits and allowed the respondent's counsel to file a counter within three weeks. The matter was scheduled for a hearing on 11.09.2026.
Headnote
A) Company Law - Restoration of Appeals - Recall of Dismissal Order - Companies Act, 2013 - The appellant sought to recall an order dismissing the company appeal for want of prosecution, which was opposed by the respondent. The court held that the matter required consideration on merits and allowed the restoration application, recalling the dismissal order (Paras 1-5).
Issue of Consideration
Whether the order dismissing the company appeal for want of prosecution should be recalled.
Final Decision
The court allowed the Restoration Application (AT) No. 8 of 2026, recalling the order dated 28.01.2026 that dismissed the company appeal for want of prosecution. The company appeal (AT) No. 26 of 2026 was restored to its original number and listed for consideration on its merits.
Law Points
- Restoration of appeals
- Dismissal for want of prosecution
- Effective adjudication
